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  • Serving of documents

    Things have changed a bit since I got my final order a few years ago, so I'm unsure of the method that I can use to serve my ex.

    He had me served on Good Friday with a motion to change, I have completed form 15B as required (along with items to be attached etc), so how can I serve items to him? His forms state that he is self-rep and I know he does not have a fax. Can I serve him by regular mail along with Form 6? Do I need to serve him by courier or registered mail requiring a signature in case he refuses to complete & return Form 6 (this is exactly what he would do). What if he refuses to complete & return Form 6 AND refuses to accept delivery of anything from a courier, or to pick up registered mail?

    Also, is the process the same.. do I take my documents to the clerk to stamp/sign etc everything and THEN serve him? I do not know if this process changed as well.

    Any help would be greatly appreciated!

  • #2
    If you feel that he will be difficult then I suggest you serve him by courier (cost is less than $20). You will have the courier receipt and then you do NOT need to have him fill out the Form 6. YOU simply fill out a 6B and file it with the courts ALONG WITH your courier receipt.

    If he chooses to not accept it, you'll have the proof you need that he's being difficult (ie. your courier receipt and if he refuses to accept it, it will show that via the courier tracking #)

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    • #3
      You complete Form 6B affadavit of Service and can use Paragraph 4 for mailing it to his home address. He does not need to acknowledge having received it.

      From a timing point of view you need to allow 5 days for the mailing to be received so need to take that into account (ie send in plenty of time before the next case conference date), which it seems you are doing (if motion was received Good Friday, you have 30 days to respond).

      As suggested above, if you want a little more 'leverage' that you served him, use the courier service (paragraph 5 in the Affadavit of Service form)

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      • #4
        Awesome, thank you both

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        • #5
          I should also have added...

          You complete your documents (Form 15B in this case) and I go to the court to have them sworn (as I am self representing)...they also check for completeness.

          They swear my copy, the original for the court and the copy for the other party.

          I then serve the other party (in this case you would go mail it or go to a courier service).

          You then go back to the court house and file your original document along with the affadavit of service form indicating how you served the documents (I have done in person and to her lawyer in the past). You also swear to this in front of the court staff.

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          • #6
            I have to attend that MIP crap on Thurs, so I was going to file my items then - would there be an issue with waiting until the court date on the 31st for the affidavit of service? I have read a number of people who did not have to rush back to the court to file this, and I know my ex's lawyer did this before as well.

            I am trying to do this with the least amount of time from work as possible and considering the costs of gas, the least amount of travelling.

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            • #7
              I would ask at the court house on Thursday about when you can file the affadavit of service. May not be an issue as it is not part of the continuing record.

              I just do it myself so make sure all documents are submitted within the time frames in the guides I have so as not to be rushing at the last minute, so can't really advise otherwise (I am not a lawyer).

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              • #8
                I would ask at the court house on Thursday about when you can file the affadavit of service. May not be an issue as it is not part of the continuing record.

                I just do it myself so make sure all documents are submitted within the time frames in the guides I have so as not to be rushing at the last minute, so can't really advise otherwise (I am not a lawyer).

                Comment

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